Regular meeting of the City Council, Austin, Texas April 06, 1908: Hon F M Maddox, Mayor, Presiding: Roll Called: Present Alderman Armstrong, Crooker, Cuneo, Haynes, Meredith, Miller, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 13 Absent Alderman Moore 1 On motion the minutes were approved as recorded by the Clerk, without reading Petitions, Memorials, etc: Petitions etc By Alderman Crooker, petition of Citizens, asking the Council to move the City City Livery Stables from their present location. Read and on motion referred to the Stables Street & Sanitary Committees. By Alderman Crooker, petition of A Wheeless, asking remission of pound fees, A. Wheeless Read and referred to the Claims & Accounts Committee. T.L. Costley By the Mayor ,petition of S L Costley asking to have refunded to him the Stock over from Pound amount in excess of expenses, for horse sold from the pound. Read and on motion referred to the Claims & Accounts Committee. Arthur Baker fine By the Mayor petition of Arthur Baker , asking to have fine remitted. On motion the petition was granted. Frank Compton By the Mayor petition of Frank Compton asking remission of pound fees. Pound fee Read and referred to the Claims & Account sCommittee. By the Mayor petition of Citizens asking to have a Special Policeman Spec Policeman Red River to patrol Red River Street. Read and on motion referred to the Police St. Committee. W.R. Young, damages By Alderman Miller petition of W R Young for damages. Read and referred to the Claims & Account Committees. The Mayor laid before the Council a petition from Citizens in regard to Alliance Cotton Yard the Alliance Cotton Yard, which was on motion laid over to come up with a resolution on the subject, under the head of new business. G W Love damages to By the Mayor petition of G W Love for damages to cow Read and referred Cow to the Committee on Claims & Accounts. F.H. Jones to sell The Mayor laid before the Council a proposition from F H Jones , to sell Private to the City a certain piece of ground, which was read and referred to Property the Street & Sanitary Committees. Johanna St. open By Alderman Miller petition of Citizens asking to have Johanna street in South Austin opened up for travel. Read and referred to the Street & City Engineer. Reports of City Officers: Reports of City officers The Mayor laid before the Council the reports of the Clerk, the Marshal and the Sexton for the month of March, which were referred to their appropriate Committees, without reading. Reports of Standing Committees: Committee Alderman Redd for the Fire Commissioners to whom was referred the Fire Commissioner's petition of the Hume Lumber Co for a building permit, presented a Hume Lumber Co report recommending that the petition be granted. The report was adopted by the following vote: Yeas Alderman Crooker, Meredith, Redd, Scott, Smith, Sutor and the Mayor 7 Nays Alderman Armstrong, Cuneo, Haynes, Moreland, Petri, Wilhelm 5 Engineer Duval St The Mayor laid before the Council a report from the City Engineer in relation to Duval Street , which was read and ordered filed --- Page break --- **Police Charges Case** **Scott vs Pound Master** Alderman Smith for the Police Committee who were instructed to investigate certain charges made by Jesse Scott against the Pound Master, presented a report stating that they had examined into said charges and found that the Pound master had only done his duty On motion the report was adopted . **C & A Claims: Byrne Assess.** Alderman Petri for the Committee on Claims & Accounts to whom was referred the petition of Miles Byrne for correction of assessment, presented a report recommending that the petition be granted.On motion the report was adopted . **Et al Damages** Alderman Petri for the Committee on Claims & Accounts to whom was referred the petition of Mrs G A Seviers ,Guardian of the Estate of Otto Schmidt, et al for damages, presented a report recommending that the petition be not granted. On motion the report was adopted . **Et al Damages** **Miss A Wright** Alderman Petri for the Committee on Claims & Accounts to whom was referred the Suit of Miss A Wright vs the City for damages presented a report-recommending that a proposition for compromise of said suit offered by Miss Wright be accepted. On motion the report was adopted . **Printing on Revised** **Ordinances Printing of** Alderman Moreland for the Printing Committee presented a report stating that the Committee had asked for and received bids for printing the Revised City ordinance and recommending the acceptance of the bid of Von Boeckmann Jones Co for said work.On motion the report was adopted . Alderman Wilhelm moved that Ex-Alderman Ulit be invited to a seat within the bar of the Council,which motion prevailed. Alderman Scott moved that all ExAldermen present be invited to seats within the bar of the Council,which motion prevailed . **Paving and Retaining Wall** Mr A C Goeth Chairman of the Paving Committee made a verbal report as to work on Paving and the Retaining Wall. **St Com** **Proposition of Fiset** **Street works** Alderman Scott Chairman of the Street Committee made a statement ,in which he stated that Mr F Fiset proposed to do certain Street work ,provided the City would pay a certain amount towards said work No action was taken on the proposit The Mayor laid before the Council a statement by Gardner Ruggles Esq Atty for Mrs A Grant regarding Street and sidewalk at her place, which was referred to the Street Committee. **Mrs Grant. Side** **Walk.** The Mayor laid before the Council the following report Austin, Texas, April 6th,1908 . To the Honorable the City Council of the City of Austin. Gentlemen: **Special on Rock Crusher** Your Special Committee appointed to test the working of the rock crusher offered for sale by the County Commissioners of Hays County, beg to report that we made the trip to San Marcos and saw the crusher satisfactorily break up several tons of rock. We therefore recommend that the crusher,elevator and screen be shipped to Austin. The same have been received here, and are being put in shape to crush rock. Approval of our action,and authorization of the purchase at $ 250.00 are respectfully recommended: F M Maddox W C Reid P G S Iredell On motion the report was adopted. New Business : The Mayor announced that he had appointed ,as the Committee on sidewalks,et al --- Page break --- 94 Side walk Committee appointed directed at the last meeting of the Council, 'the following as such Committe viz: Mr A C Goeth, Jo Eilers, and asked that the appoint-be confirmed .On motion the appointments made were confirmed. Alderman Haynes called up the petition presented in regard to the City taking charge of the block of ground now occupied by the Alliance Yard people. Alderman Haynes offered the following resolution : Whereas it has come to the knowledge of the City Council that certain parties ,within Alliance Cotton the City of Austin are using certain public property being known as the Yard. cotton Alliance Yard within the City of Austin and being located at Block No No 400 East 4th Street ,between 4th and 5th Street ,and Whereas, it was not the intention of the City of Austin that said property should be used for any purpose other than a public use. Therefore be it resolved by the City Council of the City of Austin that the City Marshal of the City of Austin be and he is hereby instructed Motion to refer to clear said above described block, from all occupants, and that the prevailed same be thrown open for public use, with all improvements thereon . Alderman Crooker moved that the petition and resolution be referred to the the Market and Street Committees ,with instructions to report at the next regular meeting ,which motion prevailed . On motion the regular order of business was suspended, to allow the Sanitary Committee to make a report ; Sanitary Committee Alderman Sutor of the Sanitary Committee to whom was referred the rules on Rules by presented by the Board of Health for the government of Inspectors etc, Board of H. presented a report recommending the adoption of said rules, with certain amendments suggested; Alderman Crooker & Miller presented a report as follows " We recommend that all the fees be stricken out, but all the remainder of the rules be adopted, with the exception of the concrete floor floors in the barns and milking through cheese cloth L M Crooker W D Miller Alderman Miller moved the adoption of the Majority report; Alderman Cuneo Moved to substitute the Minority for the Majority report. The motion of Alderman Cuneo was lost by the following vote : Yeas Alderman Cuneo, Moreland & Sutor 3 Nays Alderman Armstrong ,Crooker ,Haynes, Meredith, Miller, Petri ,Redd Scott, Smith & Wilhelm 10 The vote was then taken on the motion of Alderman Miller to adopt the majority report and same adopted by the following vote : Yeas Alderman Armstrong ,Crooker ,Haynes, Meredith, Miller, Petri, Redd, Scott, Smith & Wilhelm 10 Nays Alderman Cuneo, Moreland & Sutor 3 Alderman Haynes offered the following resolution ,which was read and adopted . Be it resolved by the City Council of the City of Austin: That, whereas, there is now no means of passing south of Block 190, between said block and the river, and between Congress Avenue and Brazos street; and Whereas said property is the property of the City of Austin; and --- Page break --- 95 Marshall directed to open up Street South Block 180 Austin City Tel Co Notified to remove pole. City to join in suit Sutor vs. Iron Road to open 3rd Street Whereas, said walk or street and passage way for vehicles and pedestrians is very much needed; and Whereas said property is now infested with undesirable persons. Therefore,be it resolved by the City Council of the City of Austin,that the Marshall be and he is hereby requested to open up said passage-way along said street,and the City Engineer and Street Committee be and they are hereby instructed to prepare said property for travel,both for pedestrians and vehicles .Be it further resolved that this work be done at once,and that all obstructions be at once removed . Alderman Haynes offered the following resolution,which was read and adopted Be it resolved by the City Council of the City of Austin that the City Engineer be and is hereby instructed to notify the Austin City Independent Telephone Company,to at once remove or replace a pole used by said Company at the corner of Sabine and East 11th streets,the same being overloadedand a source of danger . Alderman Cuneo offered the following resolution; Be it resolved by the City Council of the City of Austin,that,whereas Mrs E H Sutorand W J Sutor ,have brought suit in the 25th Judicial District Court Travis County Texas against the International and Great Northern Railroad Company to cause said Railroad Company to remove all obstructions fromLot No one in Block No 29 in the City of Austin Texasand to declare said lot a part of Third Street and to enjoin said Railroad Company from interfering in andobstructing said,block or part declared a part of and whereas the said City is interested in having said lot declared a part of said Third street it is therefore resolved by the City Council of the City of Austin that Council for Plaintiff in said suit be allowed to make the City of Austin a party plaintiff in said suit provided that a good and sufficient bond be made to the City by said plaintiffs or one or more to be approved by the Mayor of the City condi-tioned that the City be saved harmless of any and all costs of suit in the event said suit be decided for the defendant . The resolution was adopted by the following vote : Yeas Alderman Armstrong ,Crooker,Cuneo,Haynes,Meredith,Miller,Moreland ,Petri, Reed,Scott,Smith,Sutor & Wilhelm Nays none. On motion of Alderman Wilhelm the Council adjourned until 8 oclock P M Wednesday April 6th 1904 . Jno. C. Johnson City Clerk . --- Page break --- 96 . Adjourned Regular meeting of the City Council,Austin,Texas April 7th 1908 Hon F K Maddox,Mayor,Presiding : Roll called; Pre sent Aldermen Crooker,Cuneo,Haynes,Miller,Moreland,Petri,Reld, Smith & Wilhelm . 9 Absent Aldermen Armstrong,Meredith,Moore,Scott & Sutor 5 Alderman Crooker moved a call of the Council,which was seconded,and the mr Marshal directed to bring in the absentees . On motion Alderman Moore was excused on account of Sickness. Alderman Sutor entered the Council chamber and answered to his name. On motion the call was suspended. Petition &c Petitions,Memorials,etc : The Mayor laid before the Council a petition from Mr R A Thompson,asking R.A. Thompson,Lawyer the correction of his assessment,which was read and on motion referred to the Committee on Claims & Accounts . New busine ss Automobile Ordinance By Alderman Moreland An ordinance Prohibiting interfering with Automobiles by persons not owners thereof without consent of owner . The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Aldermen Crooker,Cuneo,Haynes,Miller,Moreland,Petri,Redd,Scott, Smith,Suyor & Wilhelm . 11 Nays none . Transfer funds. Alderman Haynes offered the following resolution,which was read and adop Be it resolved by the City Council of the City of Austin :That the City Treasurer be and he is hereby authorized and directed to transfer from the " Interest and Sinking Fund Account " to the Permanent Paving Fund Account,the sum of $ 2700.00 ,this being amount balance due said perma-nent Paving Fund by the Interest and Sinking Fund on amount heretofore transferred to it for the purpose of paying interest due Jan'y 1st 1908 . City Atty To take steps Alderman Redd offered the following resolution,which was read and adopted To have Travis Co to Be it resolved by the City Council of the City of Austin that the City repair bridge on Stone Attorney of the City of Austin be and he is hereby instructed to take road. such legal steps as he may deem necessary to have Travis County repair a bridge on the " Stone road " on the East side of Congress Ave.:in South Austin . The Mayor laid before the Council the rules and regulations proposed Rules Board of Health by the Board of Health to govern inspectors Alderman Miller moved that the rules be referred to a Committee of three together with the Board of Health,and that they be requested to report at the next regular meeting of the Council,which motion prevailed,and the Mayor appointed Aldermen Crooker,Cuneo & Moreland as such Committee . Aldeman Smith moved to reconsider the vote by which the Council adopted the resolution postponing action on the rules as above recorded,which motion was lost by the following vote : Yeas Aldermen Crooker,Moreland,Smith & Sutor 4 Nays Aldermen Cuneo,Haynes Miller,Petri,Redd,Scott & Wilhelm 7 Alderman Cuneo offered the following resolution;Resolved,that,inview of the fact ,as is evidenced,by the several reports of the Water & Light --- Page break --- 97 Commission, to the City Council of the City of Austin, that said Plant is now Water & Light Commission, on a profit making basis to the extent of many thousandsof dollars per annum and the rates now in effect, were initiated for the purpose of meeting a great emergency, with a pledge to the Citizenship of this Corporation, that the said rates shall apply only during the existance of said emergency, therefore be it resolved that in view of the removal of said emergency, as is now evidenced together with the conditions of the monitary situation, and the great scarcity of employment for many of our Citizens, which in itself should appeal to the Water and Light Commission, that the Hon Board of Water & Light Commissioners of the City of Austin be reminded of its pledge and requested to make such reductions in the minimum rates of Water & Light as is now warranted by the net earnings of said Water & Light Plant. A motion to adopt the resolution was lost by the following vote; Yeas Aldermen Cuneo, Haynes, Petri, & Wilhelm 4 Nays Aldermen Armstrong, Miller, Moreland, Redd, Scott & Sutor Smith 7 On motion Alderman Miller was excused from farther attendance at this session of the Council. Alderman Scott offered the following resolution, which was read and adopted by the following vote; Yeas Aldermen Crocker, Haynes, Moreland, Redd, Scott, Smith, Sutor & Wilhelm 8 Nays Aldermen Cuneo & Petri 2 Salary Teamsters Resolved, by the City Council of the City of Austin, that the Street Committee and increased City Engineer be and are hereby authorized to employ on the regular monthly roll a total of six (6) teamsters, at the rate of $45.00 per month each, this rate having been previously authorized. Engineer Ballen Resolved also that the Street Committee and City Engineer be and are hereby author authorized to ized to employ a man, at the rate of $50.00 per month, to run and keep in repair employ man the motor road roller and rock crushing plant, and perform such other work as he may be called upon to do. Paving Congress By Alderman Scott an ordinance appropriating the sum of $500.00 for the purpose Avenue, appro. of paying estimates on the work of paving Congress Avenue; The ordinance was read the first time and passed under suspension of the rules by the following vote: Yeas Aldermen Crocker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor and Wilhelm 10 Nays none. Appro. Retaining wall By Alderman Scott an oddinnanceappropriating the sum of $3500.00 for the purpose of paying estimates on Retaining wall at the foot of Congress Avenue. The ordinance was read the first time and passed under suspension of the Rules by the following vote: Yeas Aldermen Crocker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm Nays none. Guy S. Boyce By Alderman Scott an ordinace appropriating the sum of $84.11 for the purpose Supt. Comm. etc. of paying commissions to Guy S Boyce for Superintendence. The ordinance was read the first time and passed under suspension of the rules by the following vote: Yeas Aldermen Crocker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor and Wilhelm 10 Nays none. --- Page break --- 98 Ord. Suspen ding Rules By Alderman Scott an ordinance appropriating the sum of $225.00 for the purpose of paying the salary of assistant to City Engineer. The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Aldermen Crooker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm Nays none . 10 Extra st Labor. By Alderman Scott an ordinance appropriating the sum of $ 500.00 for the purpose of paying for extra street labor.The ordinance was read the first time and passed under suspension of the rules by the followin, vote Yeas Aldermen Crooker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm Nays none . 10 Approved accts By Alderman Haynes an ordinance appropriating the sum of $1351.25 for the purpose of paying approved Accounts : The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Aldermen Crooker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm Nays none . 10 Approved accts St.Dept By Alderman Haynes an ordinance appropriating the sum of $ 1029.52 for the purpose of paying approved Accounts Street Dept ; The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Aldermen Crooker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm Nays none . 10 Paying salary Keeper Parks By Alderman Crooker an ordinance appropriatin; the sum of $ 40.00 for the purpose of paying salary of Keeper of Parks for the month of March 1908, The ordinance was read the first time and a motion made to suspend the rule and place it on its second reading which was lost by the followin; vote . Yeas Aldermen Crooker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm 9 Nays Alderman Cuneo 1 Com. exemption Ordinance By Alderman Haynes an ordinance providing for the redemption of lands or property sold to the City for delinquent taxes; The ordinance was read the first time and passed under suspension of the rule by the following vote : Yeas Aldermen Crooker, Cuneo, Haynes, Moreland, Petri, Redd, Scott, Smith, Sutor & Wilhelm Nays none . 10 On motion the Council adjourned J. W. Johnson City Clerk.